Baroness Finn (Con)

My Lords, this amendment, tabled in my name and that of my noble friend Lord Younger of Leckie, seeks to insert a new subsection in Clause 7 requiring the Minister to publish, within six months of Royal Assent, statutory guidance setting out the process by which authorised investigators are appointed under this part of the Bill. Clause 7, as it stands, is one of the most powerful provisions in the Bill. It confers on authorised investigators a suite of powers drawn from the Police and Criminal Evidence Act 1984—powers that are usually reserved for police officers. These include the ability to apply for search warrants, seize property and access computerised information. These are not trivial powers; they allow the state to enter homes and businesses, seize personal possessions and compel the disclosure of data. Yet, as currently drafted, Clause 7 defines an authorised investigator as “an individual who is authorised by the Minister to exercise the powers conferred by this section”. It is, in effect, circular: an authorised person is whoever the Minister authorises. There is no clarity, no set of criteria and no publicly available process to explain how these individuals are selected, trained or held accountable. If we are to grant powers of this magnitude—powers that mirror those of the police—Parliament and the public are entitled to know who will wield them and on what basis. The police are subject to detailed recruitment standards, codes of ethics and training requirements, all of which are set out in published documents such as the National Recruitment Standards-Eligibility Criteria for Police Recruitment and Consistent Recruitment Practices. Those standards exist for a reason: because with greater power comes greater responsibility. We should expect nothing less from the Public Sector Fraud Authority or from any civil servants who are to exercise PACE powers on behalf of the Minister. The public will rightly expect the same degree of rigour, impartiality and transparency that they would from a police officer acting under similar authority. The amendment therefore asks for something very modest: a requirement that the process by which such authorisations are made be set out in guidance published within six months of this provision coming into force. That guidance would need to explain who is eligible, how individuals are assessed, what qualifications or training they require and what oversight mechanisms apply. In doing so, we would provide reassurance to Parliament and the public that these powers will not be exercised lightly and that those who wield them will be suitably qualified, appropriately vetted and properly accountable. We are, after all, creating a precedent here. These powers will not exist in isolation; they could endure for decades, exercised by future officials in future departments. It is therefore essential that we get the governance right at the outset and that we put clear expectations on the record and, ideally, in the Bill. This is an area where guidance can make a real difference. It would strengthen the operational credibility of the new regime, improve transparency and protect the reputation of the PSFA. It would also provide Ministers with a clear framework to defend and justify their appointments in future. I hope, therefore, that the Government will look carefully at this proposal and, if they cannot accept it today, that they will bring back their own amendment at Third Reading to ensure that the appointment and oversight of authorised investigators meet the same professional standards and ethical safeguards that we rightly demand of our police. I beg to move.